Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 30CC NI ACT3606/2023THE AWADH SAHU CO
OPERATIVEURBAN THRIFT CREDIT Vs. HEM RAJ
17.08.2023
Proceedings conducted online through VC using Cisco Webex.
Present: 	Ms. Komal Chabra, Ld. counsel for the complainant
along with AR.
This is fresh matter at the stage of consideration.
Original file is not submitted citing paucity of space at
room no. 182. The complainant is hereby directed to keep the file in
safe custody and produce the same as and when directed by this court.
Record of the file perused. All the statutory requirements
under NI Act are complied with. After perusal of the entire record, this
Court is of the considered opinion that prima facie case punishable u/s
138 of NI Act is made out against the accused. I, therefore, take
cognizance of the said offence.
Arguments heard on the point of summoning. Following
the law laid down in A. C. Narayanan Vs. State of Maharashtra &
Anr. 	(2014) 	11 	SCC 	790, 	complaint, 	affidavit 	of 	evidence 	and
documents considered. In view of complaint; documents produced
with respect to return of cheque on dishonourment and service of legal
demand notice; and verification in the form of affidavit of evidence,
there are sufficient grounds for proceeding further against accused for
offence punishable under Section 138 NI Act.
Let 	summons 	be 	issued 	to 	the 	accused 	on 	filing 	of
PF/RC/AD/ 	speed 	post, 	returnable 	on 	next 	date. 	Complainant 	is
directed 	to 	file 	PF 	and 	take 	steps 	within 	one 	month 	including
providing copy(ies) of complaint and related documents. Reader-cum-
Ahlmad is directed to issue the summons only after ensuring that the
(Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central,THC,Delhi/17.08.2023
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same has been done. The complainant is also apprised of the fact that
at the time of filing first PF, he is required to fill the mandatory NI Act
Complaint Meta Data.
Service 	be 	also 	effected 	on 	the 	email, 	WhatsApp
message(s) and text message of accused person(s), as provided by
the complainant and further subject to filing of report of service.
As per the guidelines laid down as in the case titled as
Damodar S. Prabhu Vs. Sayed Babalal H, (2010) 5 SCC 663, the
Reader-cum-Ahlmad is directed to mention the following two clauses
on the summons issued against the accused (by adding separate sheet,
if required):
“A. Accused can make an application for compounding of the
offence at the first and second hearing of the case and if such an
application is made, compounding may be allowed by the Court
without imposing any costs on the accused.
B. 	If 	the 	accused 	does 	not 	make 	an 	application 	for
compounding 	as 	aforesaid, 	then 	if 	an 	application 	for
compounding is made before the court at a subsequent stage,
compounding can be allowed subject to the condition that the
accused will be required to pay 10% of the cheque amount to be
deposited as a condition for compounding with the District
Legal Services Authority.”
The 	Reader-cum-Ahlmad 	is 	directed 	to 	mention 	the
official email id and video conferencing link of this Court on the
summons. 	Complainant is directed to file the process fee and
postal envelopes physically, mentioning the details of the case etc.
for issuance of summons to the accused. Reader-cum-Ahlmad is
further directed to preserve PF form, service report, postal/ courier
(Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central,THC,Delhi/17.08.2023
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envelopes and upload scanned copies thereof on the LAYERS 2.0.
Accused is directed to appear before this court through
video-conferencing 	on 	the 	Cisco 	WebEx 	application 	through 	the
permanent 	Cisco 	WebEx 	VC 	Room 	Id
https://districtcourtdelhi.webex.com/join/nicentral3 	. 	Parties 	can
access information pertaining to working of Digital NI Act Courts
through the link https://delhicourts.nic.in/digitalnicourts.html .
Put up for appearance of accused, grant of bail and
framing of notice under section 251 Cr.P.C. on 01.04.2024.
The order be uploaded as per rules.
(Raj Kumar Singh)
MM (NI Act), Digital Court-03,
Central,THC,Delhi/17.08.2023
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